Language question

[Abe Kornelis]

John,

please see below for my comments.

> Mark Rafn scripsit:
>
> > This is correct.  Because you've granted permissions on these works
> > already, you no longer have the exclusive right to do certain things,
and
> > so that right will not transfer.  Rights which you DO retain can be
> > transferred.
>
> It's *far* from clear that the licenses you have already granted are
somehow
> irrevocable.  I'd be interested to know under what theory you think they
are.
**** Well, in my case the license proposal text explicitly states that the
grants are non-revokable. Will that suffice?

> > Nope.  Company B can release new work under proprietary licenses, and
can
> > stop distributing the open-source version, but any copies of the
> > open-source work are still there,
>
> Indeed.
>
> > and can be freely copied and further
> > modified by anyone who wishes.
>
> On what theory?  If the sovereign copyright owner no longer grants
permission
> for these activities, then they cannot be done, AFAICS.
**** Even when the license states that the grant is non-revokable?

> > Likewise, the copyright holder of an open-source work is not making an
> > obligation to the community or to any recipient.  He only grants
> > permission to do things which would otherwise not be allowed.
>
> Again, what makes you think that this grant is in any way irrevocable?
> Even if we suppose that existing licensees (those who have already copied
> or distributed) are grandfathered, I see no possibility that new licensees
can
> come into existence based on a grant that the grantor (or his successor
> in title) has explicitly revoked.
**** You've got me wondering. The license says the grant is non-revokable,
and also states that - albeit under certain restrictions - copies may be
distributed
at will. So any circulating copies might continue proliferating, I'd think.
Though I must admit that 'reaching the intended audience' may become quite
a problem when the 'product owner' does not cooperate.

> IANAL, TINLA, despite the use of jargon above.
**** You are forgiven ;-)

Kind regards, Abe.



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